December 24, 2013

WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules/index.html. There is also a list of rule-making liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 92, Behavioral Health Homes
PROPOSED RULE NUMBER: 2013-P295
CONCISE SUMMARY: This proposed rule-making seeks to create Behavioral Health Homes, effective April 1, 2014, which will provide comprehensive system of care coordination for members with Serious Emotional Disorders (SED), and Serious and Persistent Mental Illness (SPMI). Members eligible for Section 92 services may also be eligible for services under Section 13 (Targeted Case Management), Section 17 (Community Integration Services) and/or Section 91 (Health Home Services); such members may not receive those services at the same time that they receive Section 92 services, and must choose among the different types of services for which they are eligible.
Section 92 services shall be provided to eligible members by a Behavioral Health Home Organization (BHHO) that partners with one or more Health Home Practices (HHPs). BHHOs and HHPs shall integrate and coordinate all primary, acute, behavioral health and long term services and supports for eligible members. BHHOs shall develop and implement a comprehensive Plan of Care for each member. Section 92 services are expected to result in improved physical and behavioral health outcomes for members, reduced hospital admissions and emergency room use, better transitional care, improved communication between health care providers, and the increased use of preventive services, community supports, and self-management tools.
Section 92 Behavioral Health Homes are implemented pursuant to section 2703 of the Affordable Care Act, 42 U.S.C. §1396w-4. The Department is seeking approval of a State Plan Amendment from the Centers for Medicare and Medicaid Services. Section 2703 provides an enhanced federal matching rate of 90% for the first eight (8) quarters following the effective date of the program.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
PUBLIC HEARING: January 14, 2014, 1:30 p.m., 19 Union Street, Room 110, Augusta, Maine 04333. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before January 3, 2014.
DEADLINE FOR COMMENTS: Comments must be received by midnight January 24, 2014
AGENCY CONTACT PERSON: Peter Kraut, Comprehensive Health Planner II, MaineCare Services, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624.4041. Fax: (207) 287-9369. TTY: 711 (Deaf or Hard of Hearing). E-mail: Peter.Kraut@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department does not anticipate that this rule-making will have any impact on municipalities or counties.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: N/A
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA §§ 42, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 42 U.S.C. §1396w-4
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 884, Designation of Cadmium as a Priority Chemical and Regulation of Cadmium in Children’s Products
PROPOSED RULE NUMBER: 2013-P296
BRIEF SUMMARY: As provided by Maine law 38 MRSA §1694, the Department has the authority to promote chemicals on Maine’s chemicals of high concern list to priority status through routine technical rule-making. If a chemical meets certain statutory criteria it may be designated as a priority chemical by the Commissioner, with concurrence by the Department of Health and Human Service, Maine Center for Disease Control (“Maine CDC”).
A review of Maine’s chemicals of high concern list has resulted in the identification of cadmium as having the ability to cause significant known adverse health effects to the human body. Therefore, cadmium has been selected for designation as a priority chemical. Cadmium meets one or more of the statutory criteria for listing as a priority chemical and has the strong potential to be present in product categories of particular concern to the Department’s Safer Chemicals Program.
Whereas there is a lack of information available in the public domain regarding the current use of cadmium in children’s products, the Department pursues this action in order to require reporting from manufacturers or distributors of children’s products that contain this specific chemical which has been intentionally added to impart a specific functionality or characteristic to the final product.
Reporting provides the Department with important information on how and where this chemical is used in children’s products. With this information the Department can make better informed decisions on the regulation of chemicals in children’s products.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/.
Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: January 14, 2014 – 1 p.m., Department of Environmental Protection, Response Building, Blossom Lane, Augusta, Maine
COMMENT DEADLINE: January 31, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Kerri Malinowski, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 215-1894. Fax: (207) 287-7641. E-mail: Kerri.Malinowski@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §1694
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 885, Designation of Formaldehyde as a Priority Chemical and Regulation of Formaldehyde in Children’s Products
PROPOSED RULE NUMBER: 2013-P297
BRIEF SUMMARY: As provided by Maine law 38 MRSA § 1694, the Department has the authority to promote chemicals on Maine’s chemicals of high concern list to priority status through routine technical rule-making. If a chemical meets certain statutory criteria it may be designated as a priority chemical by the Commissioner, with concurrence by the Department of Health and Human Service, Maine Center for Disease Control (“Maine CDC”).
A review of Maine’s chemicals of high concern list has resulted in the identification of formaldehyde as having the ability to cause significant known adverse health effects to the human body. Therefore, formaldehyde has been selected for designation as a priority chemical. Formaldehyde meets one or more of the statutory criteria for listing as a priority chemical and has the strong potential to be present in product categories of particular concern to the Department’s Safer Chemicals Program.
Whereas there is a lack of information available in the public domain regarding the current use of formaldehyde in children’s products, the Department pursues this action in order to require reporting from manufacturers or distributors of children’s products that contain this specific chemical which has been intentionally added to impart a specific functionality or characteristic.
Reporting provides the Department with important information on how and where this chemical is used in children’s products. With this information the Department can make better informed decisions on the regulation of chemicals in children’s products.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/.
Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: January 14, 2014 – 1 p.m., Department of Environmental Protection, Response Building, Blossom Lane, Augusta, Maine
COMMENT DEADLINE: January 31, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Kerri Malinowski, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 215-1894. Fax: (207) 287-7641. E-mail: Kerri.Malinowski@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §1694
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 886, Designation of Mercury as a Priority Chemical and Regulation of Mercury in Children’s Products
PROPOSED RULE NUMBER: 2013-P298
BRIEF SUMMARY: As provided by Maine law 38 MRSA §1694, the Department has the authority to promote chemicals on Maine’s chemicals of high concern list to priority status through routine technical rule-making. If a chemical meets certain statutory criteria it may be designated as a priority chemical by the Commissioner, with concurrence by the Department of Health and Human Service, Maine Center for Disease Control (“Maine CDC”).
A review of Maine’s chemicals of high concern list has resulted in the identification of mercury as having the ability to cause significant known adverse health effects to the human body. Therefore, mercury has been selected for designation as a priority chemical. Mercury meets one or more of the statutory criteria for listing as a priority chemical and has the strong potential to be present in product categories of particular concern to the Department’s Safer Chemicals Program.
Whereas there is a lack of information available in the public domain regarding the current use of mercury in children’s products, the Department pursues this action in order to require reporting from manufacturers or distributors of children’s products that contain this specific chemical which has been intentionally added to impart a specific functionality or characteristic.
Reporting provides the Department with important information on how and where this chemical is used in children’s products. With this information the Department can make better informed decisions on the regulation of chemicals in children’s products.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/.
Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: January 14, 2014 – 1 p.m., Department of Environmental Protection, Response Building, Blossom Lane, Augusta, Maine
COMMENT DEADLINE: January 31, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Kerri Malinowski, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 215-1894. Fax: (207) 287-7641. E-mail: Kerri.Malinowski@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §1694
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 887, Designation of Arsenic as a Priority Chemical and Regulation of Arsenic in Children’s Products
PROPOSED RULE NUMBER: 2013-P299
BRIEF SUMMARY: As provided by Maine law 38 MRSA §1694, the Department has the authority to promote chemicals on Maine’s chemicals of high concern list to priority status through routine technical rule-making. If a chemical meets certain statutory criteria it may be designated as a priority chemical by the Commissioner, with concurrence by the Department of Health and Human Service, Maine Center for Disease Control (“Maine CDC”).
A review of Maine’s chemicals of high concern list has resulted in the identification of arsenic as having the ability to cause significant known adverse health effects to the human body. Therefore, arsenic has been selected for designation as a priority chemical. Arsenic meets one or more of the statutory criteria for listing as a priority chemical and has the strong potential to be present in product categories of particular concern to the Department’s Safer Chemicals Program.
Whereas there is a lack of information available in the public domain regarding the current use of arsenic in children’s products, the Department pursues this action in order to require reporting from manufacturers or distributors of children’s products that contain this specific chemical which has been intentionally added to impart a specific functionality or characteristic.
Reporting provides the Department with important information on how and where this chemical is used in children’s products. With this information the Department can make better informed decisions on the regulation of chemicals in children’s products.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/.
Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: January 14, 2014 – 1 p.m., Department of Environmental Protection, Response Building, Blossom Lane, Augusta, Maine
COMMENT DEADLINE: January 31, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Kerri Malinowski, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 215-1894. Fax: (207) 287-7641. E-mail: Kerri.Malinowski@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §1694
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rule #271A: Part 8, Medicare Buy-In (Medicare Savings Program [MSP])
ADOPTED RULE NUMBER: 2013-322
CONCISE SUMMARY: This rule implements provisions of the Biennial Budget (PL 2013 ch. 368 Part A, Section A-34), to include a liquid asset test in eligibility determinations for the Medicare Savings Program (MSP) using the same asset test used for the state-funded home-based care program (In-Home and Community Support Services for Elderly and Other Adults, 10-149 CMR Ch. 5). Effective January 1, 2014, a liquid asset limit of no more than $50,000 per person or $75,000 per couple will be applied to the following MSP beneficiaries: Qualified Medicare Beneficiary (QMS), Specified Low Income Medicare Beneficiary (SLMB), and Qualifying Individual (QI). This corresponds to the Office for Adult and Disability Services' definition of the asset test for the In-Home and Community Support Services for Elderly and Other Adults program. The rule clarifies that the definition of "liquid assets" for Part 8, use the definition of "liquid assets" in the MaineCare Eligibility Manual, Part 16.
The Department is seeking CMS approval of amendments to the State plan, to effectuate this change.
The Department has provided prior written notice of this rule change to MaineCare recipients.
EFFECTIVE DATE: December 18, 2013
AGENCY CONTACT PERSON: Reinhold Bansmer, Senior MaineCare Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street Augusta ME 04333-0011. Telephone: (207) 624-4105. TTY: 711 (Maine Relay). E-mail: Reinhold.Bansmer@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Maine Care Services (OMS)
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. VI Section 2, MaineCare Dirigo Choice Initiatives
ADOPTED RULE NUMBER: 2013-323 (repeal)
CONCISE SUMMARY: The Department of Health and Human Services is permanently adopting a repeal of MaineCare Benefits Manual, Ch. VI Section 2, MaineCare DirigoChoice Initiatives, in accordance with Public Law 2013 ch. 368, Section A-19. The Department anticipates that this rule adoption will have no impact on MaineCare enrolled providers. This rule-making will not yield new administrative burdens or compliance-related costs that could fiscally impact municipal or county governments.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: December 31, 2013
AGENCY CONTACT PERSON: Michael Dostie, Health Planner II, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-287-6427. Fax: (207) 287-9369. TTY: 711 (Deaf / Hard of Hearing). E-mail: Michael.Dostie@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Elver Reporting Requirements and Swipe Card System - ASMFC Eel Compliance Measures:
Ch. 8, Landings Program; and
Ch. 32, Eels.
ADOPTED RULE NUMBERS: 2013-324, 325
CONCISE SUMMARY: This adopted rule establishes the procedures and guidelines for a swipe card reporting system for elver dealers and require dealers to maintain records of all elver transactions. The purpose of this portion of the rule is to obtain more accurate and timely information on the amount of elvers caught or landed in Maine for use in fisheries management as well as to demonstrate the social and economic importance of marine resources to Maine. The swipe card system is also a more secure system in which harvesters and dealers cannot easily conduct transactions to sell or purchase illegal elvers.
The rule requires elver harvester license holders to present a swipe card to be used by the dealer in order to record each transaction. It would also require dealers to report what they receive from harvesters on a weekly basis during the elver harvesting season using approved electronic reporting methods. Dealers will be required to provide their own computers for reporting (laptops or PC’s), but the reporting software and the swipe card readers/receipt printers will be provided by DMR. In addition, this rule requires elver dealers to maintain paper records for all elver transactions, including dealer-to-dealer transactions, for three years. Emergency rule-making was enacted earlier in 2013 that required elver dealers to report quantities on a weekly basis. Previously, elver dealer license holders were required to report information to DMR on a monthly basis. Weekly electronic reporting of elver landings will give the DMR timely and critical information for enforcement and resource protection of this valuable fishery. Finally, this rule also updates the reporting compliance section with license suspension authority that was enacted in state law as well as update the primary buyer permit language.
This regulation also makes amendments in order to come into compliance with the Atlantic States Marine Fisheries Commission’s (ASMFC) American Eel Management Board August 2013 approval of Addendum III to the Interstate Fishery Management Plan for American Eel. The State of Maine is mandated to implement and enforce fisheries management plans of the ASMFC under the Atlantic Coastal Fisheries Cooperative Management Act of 1993 (ACFCMA). These changes are reflected in this new version of Ch. 32 Eels.
Addendum III establishes a 9” minimum size limit for recreational and commercial yellow eel fisheries, trip-level reporting for the commercial yellow eel fishery, a seasonal closure of silver eel fisheries, a 25 recreational fish per day creel limit, and measures to restrict the development of fisheries on pigmented eels. It also calls for the implementation of state-specific monitoring programs and provides recommendations for habitat improvements. States will be required to implement the Addendum’s measures by January 1, 2014. The Board’s actions respond to the findings of the 2012 benchmark stock assessment indicating the American eel population in U.S. waters is depleted. The stock has declined in recent decades and the prevalence of significant downward trends in multiple surveys across the coast is cause for concern. Many of these changes required by ASMFC are already implied in existing Maine law and regulations and therefore do not need to be changed. In some cases, Maine law and regulations are stronger than the new ASMFC compliance requirements.
A re-ordering and deletion of obsolete or redundant sections of Ch. 32, Eels, were made in order to improve readability and compliance. Finally, closed areas for elver fishing were be added in Penobscot and Hancock County in order to clarify legal fishing boundaries in Ch. 32.03(1)(A). Little or no impact on legal elver harvesting is expected from these new area closures.
Two minor changes from the proposed rule were made. In 32.01 Definitions, the word “rigid” was replaced with “non-stretchable” in response to a public comment seeking clarity. Also, the original language for the title of Ch. 32.05 “Fishing in the Sheepscot River; Eel Fishing” was kept and not changed to “Eel Fishing Area Closures” as proposed. It was determined that the original title is more descriptive language.
EFFECTIVE DATE: December 24, 2013
AGENCY CONTACT PERSON: Heidi Bray (207) 633-9504 (for Elver Swipe Card System); Terry Stockwell (207) 624-6553 (for ASMFC Eel Compliance)
AGENCY NAME: Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Website: http://www.maine.gov/dmr/rulemaking/ . E-mail: dmr.rulemaking@maine.gov .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .